BILL ANALYSIS Ó SB 1324 Page 1 Date of Hearing: June 14, 2016 Counsel: David Billingsley ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair SB 1324 (Hancock) - As Amended March 28, 2016 SUMMARY: Finds and declares that the purposes of imprisonment for crime include rehabilitation. Specifically, this bill: 1)Finds and declares that the purposes of imprisonment for crime include rehabilitation, in addition to punishment. 2)Finds and declares that these purposes are best served by terms proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same offense under similar circumstances, and a correctional treatment program designed to address the SB 1324 Page 2 particular criminogenic needs of offenders. 3)States that the mission of the Department of Corrections and Rehabilitation (CDCR) is to promote public safety by providing a safe and constructive prison environment that fosters positive and enduring behavioral change among offenders, both in prison and after their return to the community. EXISTING LAW: 1)Finds and declares that the purpose of imprisonment for crime is punishment. (Pen. Code 1170, subd. (a)(1).) 2)Finds and declares that this purpose is best served by terms proportionate to the seriousness of the offense with provision for uniformity in the sentences of offenders committing the same offense under similar circumstances. (Pen. Code 1170, subd. (a)(1).) 3)Finds and declares that the elimination of disparity and the provision of uniformity of sentences can best be achieved by determinate sentences fixed by statute in proportion to the seriousness of the offense as determined by the Legislature to be imposed by the court with specified discretion. (Pen. Code 1170, subd. (a)(1).) 4)Specifies that in any case in which the punishment prescribed by statute for a person convicted of a public offense is a term of imprisonment in the state prison or a county jail term under Realignment, the court shall sentence the defendant to one of the terms of imprisonment specified unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition or execution of sentence. (Pen. Code 1170, subd. (a)(3).) SB 1324 Page 3 5)States that when a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the choice of the appropriate term shall rest within the sound discretion of the court. (Pen. Code 1170, subd. (b).) 6)Species that in determining the appropriate term, the court may consider the record in the case, the probation officer's report, other reports, including reports received, as specified, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the victim is deceased, and any further evidence introduced at the sentencing hearing. (Pen. Code 1170, subd. (b).) 7)States that the court shall select the term which, in the court's discretion, best serves the interests of justice. (Pen. Code 1170, subd. (b).) 8)Provides that the statute authorizing discretion of courts to sentence to different terms remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before that date, deletes or extends that date. (Pen. Code, § 1170, subdivision (i).) 9)Finds and declares that the provision of probation services is an essential element in the administration of criminal justice. The safety of the public, which shall be a primary goal through the enforcement of court-ordered conditions of probation; the nature of the offense; the interests of justice, including punishment, reintegration of the offender into the community, and enforcement of conditions of probation; the loss to the victim; and the needs of the defendant shall be the primary considerations in the granting of probation. (Pen. Code, § 1202.7.) 10)Specifies that "probation" means "the suspension of the imposition or execution of a sentence and the order of SB 1324 Page 4 conditional and revocable release in the community under the supervision of a probation officer." (Pen. Code, § 1203(a).) 11)Specifies that "conditional sentence" means "the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer." (Pen. Code, § 1203(a).) 12)Provides that the court, in granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as specified, and upon those terms and conditions as it shall determine. (Pen. Code, § 1203.1.) 13)States that the court may impose and require any or all of the terms of imprisonment, fine, and conditions, and other reasonable conditions, as it may determine are fitting and proper to the end that justice may be done and for the rehabilitation of the probationer, and that should the probationer violate any of the terms or conditions imposed by the court in the matter, it shall have authority to modify and change any and all the terms and conditions and to reimprison the probationer in the county jail, as specified. (Pen. Code, § 1203.1, subd. (j).) FISCAL EFFECT: Unknown COMMENTS: SB 1324 Page 5 1)Author's Statement: According to the author, "The mission of CDCR is to promote public safety. This mission can be accomplished only by providing a safe and constructive prison environment. If offenders are expected to change, and if reductions in recidivism are demanded by policymakers and the public, environments that foster positive and enduring behavioral change among offenders must be created. This cannot be done without skilled, committed and supported staff. "Prisons can be extremely stressful work environments. Correctional fatigue is a very real issue, demonstrated by a high officer suicide rate, alcohol abuse, family strife, physical illness, and professional misconduct. As California's criminal justice systems are retooled to reduce the prison population and increase effective programming for offenders in prison, addressing issues core to the well-being and effectiveness of correctional staff is essential. Staff preparation and training is critically important in creating positive environments for change. Rehabilitation does not happen in a vacuum - it takes staff to make it materialize, not only those who do the programs but those who help create a prison environment conducive to programming and, ultimately, rehabilitation. "SB 1324 institutes a strong and well-defined mission for the California Department of Corrections and Rehabilitation (CDCR) and its employees consistent with the goals of promoting public safety through professional staff and a safe and constructive correctional rehabilitation environment. This measure also updates existing law regarding the purpose of imprisonment to include rehabilitation and effective rehabilitation programming." 2)California Department of Corrections and Rehabilitation: The CDCR is responsible for the incarceration of adult felons, including the provision of training, education, and health care services. As of February 4, 2015, CDCR housed about 132,000 adult inmates in the state's prison system. Most of SB 1324 Page 6 these inmates are housed in the state's 34 prisons and 43 conservation camps. About 15,000 inmates are housed in either in-state or out-of-state contracted prisons. The department also supervises and treats about 44,000 adult parolees and is responsible for the apprehension of those parolees who commit new offenses or parole violations. In addition, about 700 juvenile offenders are housed in facilities operated by CDCR's Division of Juvenile Justice, which includes three facilities and one conservation camp. (Legislative Analyst's Office Analysis of the Governor's 2016-17 Proposed Budget.) 3)CDCR and Rehabilitation: In 2005, the Department of Corrections was changed to the Department of Corrections and Rehabilitation. (Gov. Code, § 12838.) That name change reflected a rededication to the mission of rehabilitation at the state level. CDCR currently provides a range of rehabilitative services to state prison inmates and parolees. The Division of Rehabilitative Programs (DRP) is a branch within the California Department of Corrections and Rehabilitation. DRP describes their role within CDCR as follows: Our mission, as part of CDCR, is to help offenders leave prison with better job or career skills, education, life skills, and confidence, so they can succeed in their futures despite past obstacles. To accomplish this, DRP provides numerous rehabilitative programs and services to both prison inmates and parolees. Evidence shows successful rehabilitation is good for communities in a multitude of ways, including a significant reduction in criminal recidivism. http://www.cdcr.ca.gov/rehabilitation/ DRP's rehabilitative programming includes educational opportunities, substance abuse, treatment, and vocational training among a number of other areas. SB 1324 Page 7 4)The Criminal Justice System Has Increased the Use of Custodial Alternatives in Recent Years to Promote Rehabilitation: In the wake of prison overcrowding and Criminal Justice Realignment, there has been a focus at every level of the criminal justice system on alternatives to custody and evidence based practices to reduce recidivism. To that end, criminal courts are incorporating more sentencing options that do not involve custody. Frequently, such sentencing approaches attempt to address the underlying issues connected to the defendant's criminal behavior. County alternative custody programs can now include newly realigned offenders-non-serious, non-violent, non-sexual (1170h) felons who previously were eligible for prison but now serve all or part of their sentences in county jail. Counties now have the option of placing these 1170h offenders in work release programs, home detention, or electronic monitoring programs at any point during their sentences. Offenders serving local sentences have been eligible for placement in alternative custody programs for years. (Public Policy Institute California, April 2015.) At the State level, the Governor's recent budgets have included money for programs to reduce recidivism. Those programs include community reentry programs and expanded substance abuse treatment for inmates in state prison. ( http://www.lao.ca.gov/reports/2014/budget/three-judge-panel/th ree-judge-panel-022814.aspx ) 5)Argument in Support: According to SEIU Local 1000, "In 2005, many of the state's criminal justice programs were reorganized with a greater emphasis given to rehabilitative programs. However, under Section 1170(a)(1) of the Penal Code, the purpose of imprisonment for crime is punishment. This bill broadens the mission of CDCR to go beyond punishment to also include rehabilitation. "Over the past several years, the teachers and librarians, who are members of SEIU and work in the state prisons, have seen the slow evolution of the department back to an earlier era SB 1324 Page 8 when rehabilitation was emphasized rather than punishment. As the prison population stabilizes, there is now greater ability to intervene in an inmate's life and provide needed rehabilitative services. Over 60% of inmates read at a ninth grade level or below. Even though recidivism has been shown to be reduced by almost 20% if an inmate has received a job skill that will make him/her employable upon release there are only 8,400 vocation education slots currently available for the nearly 137,000 inmates. Providing both academic and vocational skills is an important part of rehabilitating an inmate so they can become productive citizens when they reenter society following imprisonment." 6)Related Legislation: a) AB 2590 (Weber), finds and declares that the purpose of sentencing is public safety achieved through accountability, rehabilitation, and restorative justice. AB 2590 is awaiting a committee hearing in the Senate Public Safety Committee. 7)Prior Legislation: a) SB 463 (Pavley), Chapter 508, Statutes of 2013, extended to January 1, 2017, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. b) AB 1849 (Carter), Legislative Session of 2011-2012, would have authorized the juvenile court of a county to adopt a restorative justice program to address the needs of minors, victims, and the community. AB 1849 was held in the Assembly Appropriations Committee. c) AB 446 (Carter), Legislative Session of 2011-2012, would have authorized a county to adopt a restorative justice program to address the needs of minors, victims, and the community. AB 446 was vetoed by the governor. SB 1324 Page 9 REGISTERED SUPPORT / OPPOSITION: Support California Catholic Conference California Public Defenders Association SEIU Local 1000 Opposition None Analysis Prepared by:David Billingsley / PUB. S. / (916) 319-3744 SB 1324 Page 10